Dear Commissioners:

I have been retained to represent Johnnie DeGiorgi in the matter of a violation of his rights that occurred recently at the Nanjemoy Community Center.

On August 7th, 2007, at the “National Night Out” annual celebration, Johnnie, who is a candidate for public office,  attended for the purpose of donating school supplies to the local children, It is a tradition to hand out school supplies at this event, and in the past, numerous candidates, including some of you, have handed out political flyers and pencils, pens, rulers, etc. with a political message.

Upon his arrival, Mr. DeGiorgi located an employee, whom he asked where he might set up. Mr. DeGiorgi was giving away 20 bags full of supplies. The employee showed him a locataion. But then she asked him if he was a candidate for County Commissioner. He replied in the affirmative. She asked if he intended to hand out any political literature. He said that the notebooks contained in his bag had a small handbill stating “Johnnie DeGiorgi for Commissioner, District 2, 2010 (along with the appropriate authority line).

The employee instructed him that he must remove the handbills from the bags, that he was prohibited from distributing them. Mr. DeGiorgi correctly replied that her instruction was a violation of his rights. The employee stated that she would check with her supervisor.

She returned, and stated that in accordance with her conversation with her supervisor, Mr. DeGiorgi was required to remove the “offending” political speech. He would be permitted to place it on the table beside him, but that he was prohibited from asking any one to take it, handing it to anyone, or delivering it with the school supplies.

At the same time, a supporter of Delegate Peter Murphy was handing out rulers with a political message. That supporter was not accosted in any way.

On consulting with me by telephone, I suggested that Mr. DeGiorgi remove to the public street to deliver his supplies, and he did so.

This incident is shameful, shocking and unacceptable. We call on each of you as our elected officials to denounce this act, and work to correct it. We do not live in a Communist country, or a dictatorship. Mr. DeGiorgi wants to ensure that NO CITIZEN is ever again treated in this fashion.

Therefore, Mr. DeGiorgi has authorized the following proposal:

1.  The County must produce to us any written or oral policy to date on the public discourse of ideas at public facilities.

2.  The employee, whose name is known to us, and her supervisor will tender a written apology to Mr. DiGiorgi for violating his Constitutional Rights.

3.  The Commissioners will produce and distribute a new policy to all employees. This policy will be posted in public facilities. It will explain the reasonable time, place and manner restrictions to be placed on free speech, and that free speech will NOT BE INFRINGED under any other circumstances, and that all restrictions will be VIEWPOINT NEUTRAL, and fairly applied.

4.  Appropriate training for facilities employees will be given into recognizing and safeguarding the Constitutional Rights of all citizens.

These are suggestions, and negotiable. But if we receive no response, or an inadequate response, we will proceed swiftly and accordingly to secure the Constitutional Rights to which Johnnie and all of us are entitled.

We will wait 15 days for an appropriate response.  Thank you for your prompt consideration of these critically important matters.

Sincerely,

Kurt W. Wolfgang,

Attorney for Johnnie DeGiorgi

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Additional Bay Net coverage of this issue can be found here:  Freedom of Speech Only for Some